Court Martial Defense
Court Martial Defense
At Aviso Law, we understand the stress and complexity involved with being suspected of committing a crime in the military, and we are experts at the types of court-martial involved. It takes an adept, knowledgeable lawyer experienced in military law and court martial defense to successfully represent you. At Aviso Law our military attorneys provide world-class representation to the Colorado Springs, Denver and Douglas county areas, and we have the experience, skill and client-focused approach needed to ensure the best possible outcome for you.
Being suspected of committing a crime in the military can come with serious consequences. Commanders put service members suspected of committing crimes into pretrial confinement, give them Article 15s, initiate separation proceedings and have the authority to charge military members with federal offenses that can result in years of confinement.
If you are suspected of committing a crime in the military, ask for an attorney and refrain from making a statement or talking about the situation to anyone, including your command or the investigator.
For a guarantee of the best results possible, contact us at Aviso Law if you are suspected of committing a crime in the military. As attorneys and former judge Advocates, we fight tirelessly to protect the rights, freedoms, and futures of military members facing criminal allegations, investigations and other disciplinary actions.
Types of Court-Martial
There are three types of court-martial under the Uniform Code of Military Justice
Summary Courts-Martial: These are reserved for minor offense in the Uniform Code of Military Justice. For personnel in grade E-5 or above, the maximum punishments a Summary Court-Martial may impose are being restricted for two months or less, forfeiture of two-thirds monthly pay for one month or less and one reduction in grade. E4 and below may face confinement for one month or less and other punishments. A conviction from a summary court-martial is not considered a conviction under state or federal law.
Special Courts-Martial: Special courts-martial are reserved for less serious offenses, such as drug use, assault, theft and giving a false official statement. Regardless of the offense, a special court-martial sentence is limited to no more than 12 months confinement, forfeiture of two-thirds pay per month for twelve months and a bad-conduct discharge for enlisted service members.
General Courts-Martial: General courts-martial are reserved for the most serious offenses in the Uniform Code of Military Justice, including murder, rape, sexual assault, fraud, violent crimes, desertion and drugs distribution. A pretrial investigation under Article 32, Uniform Code of Military Justice, must be conducted before a case may be referred to a general court-martial, unless waived by the accused. A general court-martial conviction is treated as the equivalent of a felony conviction in state or federal court and carries serious consequences to include confinement ranging from years to life, a dishonorable or bad-conduct discharge for enlisted personnel, and dismissal for officers.
At Aviso Law, we have had proven success representing hundreds of service members in separation boards, show cause boards and administrative reduction boards. Administrative proceedings can end your military career, affect your service characterization and jeopardize civilian job opportunities. By choosing us, you can rest assured that we will aggressively and effectively handle your administrative proceedings and stop at nothing to get the best result possible.
Many times military members facing a separation will be entitled to a board of inquiry if the command is proposing to separate the military member with an Other Than Honorable discharge or if the military member has more than six years of military service. The board will take place before a panel of officers and senior enlisted. At the board you will have the right to be present, and to be represented by a military lawyer, or a civilian military lawyer. If you are pending administrative discharge, it’s vital to have an attorney that understands the military system and can fight to preserve your career and benefits. Our attorneys have military experience, understand the ins and outs of the system, and will work tirelessly for your justice.